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Thread: NFA Trust Help

  1. #1
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    NFA Trust Help

    Does anyone have any trust lawyers or templates for drawing up a trust in NC. I have quicken and I was gonna turn my trust in but after reading on here and many other forums there seems to be a rift in opinions on which way to go. Is the quicken way legitimate? It just seems almost too easy. Once the quicken trust is approved for its first firearm is it forever accepted?

  2. #2
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    Quicken is fine for an NFA trust. If you want to put "real" assets in a trust for life planning, get a lawyer.

    My dealer did mine on quicken and burned it to a disc. Perfectly legit.
    "You people have too much time on your hands." - scottryan

  3. #3
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    Did my NFA Trust thru Quicken and have had it for years with no problems.

    I also have a number of large family trust's that I oversee but we set those up with a raft of lawyers. So same advice. For NFA Quicken is fine, & real assets go a lawyer that specializes in it.

    I agree though first time I drew up my NFA Trust I thought, this is just too easy. It is continually accepted as long as there as no changes in state law that would require a change to the trust. Which is something not exactly common.
    Last edited by Sigmax; 05-10-11 at 21:28.
    “Like a sword, a word can wound or kill, but as long as one does not touch the blade, the sword is no more than a smooth piece of steel. Someone who knows the qualities of a sword does not play with it, and someone who knows the nature of words does not play with them.”-- Miyamoto Misashi

  4. #4
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    Trusts attorneys use are boiler plate templates. They simply change out names and addresses, unless you have special needs or provisions.

    What I haven't seen in any "template" document is reference to NFA, Title II or the Gun Control Act. After speaking with an attorney that specializes in "gun trusts", I decided to put that verbiage in myself. Why I feel that's important is because a trust is designed to be a succession planning tool. When you transfer Class III items into a trust, you need to think of who the successor owner(s) will be. Is it legal for them? What do they know about transfer or disposal? Etc...
    Successor owners are just as responsible for NFA laws as you are now. Keep that in mind. If you simply read through the NFA handbook, you will pick up on the pitfalls and ways to address them.

    One easy suggestion - insert the Trustee Power to own Class III items, and define them per NFA.

    Good luck and be safe.

  5. #5
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    I don't buy into all that high falootin crap. The trust is simplely a red tape cutting tool. It's gets my silencer in my hand with a stupid stamp from the man.

    By the time I'm pushing up daisies, Ali Bama will have Sand Monkey ****ed this country so far up, we'll be lucky if our kids aren't living in mud huts and eating weed rats like SHREK, Cleatus.
    "You people have too much time on your hands." - scottryan

  6. #6
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    Quote Originally Posted by markm View Post

    By the time I'm pushing up daisies, Ali Bama will have Sand Monkey ****ed this country so far up, we'll be lucky if our kids aren't living in mud huts and eating weed rats like SHREK, Cleatus.
    I'm glad I wasn't drinking when I read that

    I plan on doing a trust for an SBR and Suppressor eventually. One of the local stores is going to help me with it as they do a lot of NFA business. (They recommended Willmaker 2009). To me, from the reading I have done on trusts, it's seems like many more people are in favor of them than are not. I don't really care for the idea of getting the CLEO sign off.

  7. #7
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    Quote Originally Posted by markm View Post
    By the time I'm pushing up daisies, Ali Bama will have Sand Monkey ****ed this country so far up, we'll be lucky if our kids aren't living in mud huts and eating weed rats like SHREK, Cleatus.
    ROFLMAO! Now that's some funny shit.

    I'm with you on let "them" worry about all that. However, the ATF'er dotting the i's and crossing the t's probably didn't graduate cum laude. They're simply paper pushers. The attorney I talked with said even though your paperwork gets approved DOESN'T mean your Trust document is valid. FWIW

    On second thoughts, maybe he was just trying to sell me something.

  8. #8
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    What form is a can on? Does it have to be engraved if its going on a trust? How does it work? You get approved then buy the can?

  9. #9
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    Can is on a Form 4 unless you're making it. Then it's on a Form 1.

    There is NO engraving because you're buying it, not making it.

    You go to the dealer, pay for the can and submit the paperwork. I happened to add the can to my Schedule 1 before I sent the paperwork, but technically it's not transferred yet.
    Last edited by markm; 05-11-11 at 16:12.
    "You people have too much time on your hands." - scottryan

  10. #10
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    Quote Originally Posted by CaliberClark View Post
    Does anyone have any trust lawyers or templates for drawing up a trust in NC. I have quicken and I was gonna turn my trust in but after reading on here and many other forums there seems to be a rift in opinions on which way to go. Is the quicken way legitimate? It just seems almost too easy. Once the quicken trust is approved for its first firearm is it forever accepted?
    The main issue people have with trusts and especially with ones that are not created by someone with a law degree is that if it's found (or decided) to be invalid, then you are illegally in possession of NFA items. State laws vary, and you do want to be as sure as possible that it's valid. If you feel that all of that is in order, then go for whatever trust document you are comfortable with.

    Myself, I'm using the text from my buddy's trust which was 'drafted' by a lawyer. It's boilerplate with a few NFA clauses thrown in, which I took out because they were nonsensical. Things like 'grantor hereby transfers all existing and future NFA items to the trust'. Er, what? You can't just proclaim that type of thing of course.

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